India Crafts

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In roe Matrer or DIPAK. ROY rrapvrne as INDIA CRAFTS CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION, THE TEXTILE FIBER PRODUCTS IDENTIFICATION AND THE FLMMABLE FABRICS ACTS Docket C-1804. Complaint, Sept. 28, 1970—Decision, Sept. 28, 1970 Consent order requiring a San Francisco, Calif, retailer of scarfs, to cease marketing dangerously flammable scarfs, and other items and misbranding textile fiber products.

ComMPLAINT Pursuant to the provisions of the Federal Trade Commission Act, the Flammable Fabrics Act, as amended, and the Textile Fiber Products Identification Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Dipak Roy, an individual trading as India Crafts, hereinafter referred to as respondent, has violated the provisions of said Acts, and the Rules and Regulations promulgated under the Flammable Fabrics Act, as amended, and the Textile Fiber Products Identification Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows: Paracrarn 1. Respondent Dipak Roy is an individual trading as India Crafts.

Respondent is engaged in the sale and distribution of various textile fiber products, including ladies scarfs, with his office and princi- Complaint 77 ETC.

pal place of business located at 1038 Polk Street, San Francisco, California.

Par. 2. Respondent is now and for some time last past has been engaged in the sale and offering for sale, in commerce, and in the importation into the United States, and has introduced, delivered for introduction, transported and caused to be transported in commerce, and has sold or delivered after sale or shipment in commerce, products as the terms “commerce” and “product” are defined in the Flammable Fabrics Act, as amended, which products failed to conform to an applicable standard or regulation continued in effect, issued or amended under the provisions of the Flammable Fabrics Act, as amended.

Among such products mentioned hereinabove were ladies’ scarfs. Par. 3. The aforesaid acts and practices of respondent were and are in violation of the Flammable Fabrics Act, as amended, and the Rules and Regulations promulgated thereunder, and constituted, and now constitute, unfair methods of competition and unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. 7 Par. 4. Respondent is now and for some time last past has been engaged in the introduction, delivery for introduction, sale, advertising, and offering for sale, in commerce, and in the transportation or causing to be transported in commerce, and in the importation into: the United States, of textile fiber products; and has sold, offered for sale, advertised, delivered, transported and caused to be transported, textile fiber products, which have been advertised or offered for sale in commerce; and has sold, offered for sale, advertised, delivered, transported and caused to be transported, after shipment in commerce, textile fiber products, either in their original state or contained in other textile fiber products; as the terms “commerce” and “textile fiber product” are defined in the Textile Fiber Products Identification Act. * Par. 5. Certain of said textile fiber products were misbranded by respondent in that they were not stamped, tagged, labeled, or other- _ wise identified to show each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act, and in the manner and form prescribed by the Rules and Regulations promulgated under said Act.

Among such misbranded textile fiber products were ladivs’ scarfs. Par. 6. The acts and practices of respondents as set forth in Paragraphs Four and Five were, and are, in violation of the Textile Fiber Products Identification Act and the Rules and Regulations promul- INDIA CRAFTS 1305 1303 Decision and Order gated thereunder, and constituted, and now constitute, unfair methods of competition and unfair and deceptive acts or practices, in commerce, under the Federal Trade Commission Act. Decision AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Bureau of Textiles and Furs proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act, the Textile Fiber Products Identification Act and the Flammable Fabrics Act, as amended; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in ‘such complaint, and waivers and other provisions as required by the Commission’s Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said Acts, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed agreement and placed such agreement on the public record for a period of thirty (30) days, now in further conformity with the procedure prescribed in § 2.34(b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Dipak Roy is an individual trading as India Crafts. Respondent is engaged in the sale and distribution of various textile products, including scarfs, shirts, place mats, table cloths and spreads, with his office and principal place of business located at 1038 Polk Street, San Francisco, California. 2. The Federal Trade Commission has jurisdiction of the subject matter of the proceeding and of the respondent and the proceeding is in the public interest.

ORDER It is ordered, That respondent Dipak Roy, individually and trading as India Crafts or under any other name or names, and re- Decision and Order T7 FLT.

spondent’s representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from selling, offering for sale, in commerce, or importing into the United States, or introducing, delivering for introduction, transporting or causing to be transported in commerce, or selling or delivering after sale or shipment in commerce, any fabric, product, or related material as “commerce,” “fabric,” “product,” and “related material” are defined in the Flammable Fabrics Act, as amended, which fabric, product, or related material fails to conform to an applicable standard or regulation continued in effect, issued or amended under the provisions of the aforesaid Act.

It is further ordered, That the respondent herein shall, within ten (10) days after service upon him of this order, file with the Commission an interim special report in writing setting forth the respondent’s intentions as to compliance with this order. This interim special report shall also advise the Commission fully and specifically concerning the identity of the product which gave rise to the complaint, (1) the amount of such product in inventory, (2) anv action taken to notify customers of the flammability of such product and the results thereof and (8) any disposition of such product since December 22, 1969. Such report shall further inform the Commission whether respondent has in inventory any fabric, product or related material having a plain surface and made of paper, silk, cotton, rayon, acetate and nylon, acetate and rayon or combinations thereof, in a weight of two ounces or less per square yard or fabric with a raised fiber surface made of cotton or rayon or combinations thereof. Respondent will submit samples of any such fabric, product or related material with this report. Samples of the fabric, product or realted material shall be of no less than one square yard of material. It is further ordered, That respondent Dipak Roy, individually and trading as India Crafts or under any other name or names, and respondent’s representatives, agents, and employees, directly or through any corporate or other device, in connection with the introduction, delivery for introduction, sale, advertising, or offering for sale, in commerce, or the transportation or causing to be transported in commerce, or the importation into the United States, of any textile fiber product; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, of any textile fiber product which has been advertised or offered for sale in commerce; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, after shipment in commerce, of any textile fiber product, whether in its INDIA CRAFTS 1307 1303 Decision and Order original state or contained in other textile fiber products, as theterms “commerce” and “textile fiber product” are defined in the Textile Fiber Products Identification Act, do forthwith cease and desist from misbranding textile fiber products by failing to affix a stamp, tag, label or other means of identification to each such product showing each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act. It is further ordered, That the respondent herein either process the: scarfs which gave rise to this complaint so as to bring them within: the applicable flammability standards of the Flammable Fabrics Act, as amended, or destroy said scarfs.

It ts further ordered, That all subsequent imports of paper, silk, cotton, rayon, acetate and nylon, acetate and rayon, or combinations thereof, in a weight of two ounces or less per square yard, or fabric: with a raised fiber surface made of cotton or rayon or combination thereof, be tested for flammability by a private laboratory located in the United States, that the results of such testing and samples of the products or fabrics be submitted to the Commission, and that no. sales of such products or fabrics be made until respondent has been advised by the Commission that such products or fabrics meet the requirements of the Flammable Fabrics Act, as amended. It is further ordered, That the respondent herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which he has complied with this order.